U R M M S S SUBRAMANIAN CHETTIAR Vs. STATE
HIGH COURT OF MADRAS
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Panchapakesa Ayyar, J. -
(1.) This is a petition filed for revising and setting aside the order of the Additional Subordinate Judge of Devakottai, directing a commission to issue for examining the defendant, Vinaitheerthan Chettiar, in O. S. No. 8 of 1953 on his file. The learned Additional Subordinate Judge allowed the petition on the ground that the defendant had gone to Alor Star, Kedan State, Malaya, and would not be returning for a year, and the place where he was "resident" was more than 200 miles from the court premises.
(2.) The learned counsel for the plaintiffs-petitioners urged seven reasons for holding that the order passed by the learned Subordinate Judge was in Irregular exercise of his discretion, and ought to be set aside as illegal and as causing a material failure of justice. The first was that the defendant went away to Malaya knowing that the plaintiffs would file the suit; but the defendant, on the other hand, alleged that the plaintiffs had filed the suit knowing that he had gone away to Malaya. Mr. Krishnaswami Aiyangar, for the petitioners, conceded that it is very difficult to find out which version is correct. So, this contention fails.
(3.) The second was that the person to be examined was a 'party', and a 'defendant', and, so, a commission should not have been issued. I cannot agree. A commission can be issued under the Civil P. C. for the examination of "any person", including, a defendant.;
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